Sick Leave Regulations - Trinity College Dublin

Procedure No: 33
Revision: 6
Sheet: 1 of 10
Date of Issue: September 2014
DRAFT - Sick Leave Regulations – pending Board Approval
1.
Purpose
To set out the revised College Sick Leave arrangements effective from 1st
September 2014.
1.1
The regulations and procedures outlined in this scheme apply to all College
staff employed in permanent positions, staff on indefinite duration contracts,
staff on fixed term contracts with a comparator as defined by the Protection of
Employees (Fixed Term Workers) Act 2003 and research staff on fixed term
contracts (i.e. research fellows & research assistants). All benefits are on a
pro rata basis, based on the individual staff member’s contract.
1.2
Sick leave may be granted to an employee who is unable to perform his/her
duties:

Because of illness, injury or

When absent for the purpose of obtaining health-related services (e.g.
Doctor/Dentist) provided such appointments could not be arranged outside
of regular working hours or working days.
1.3
The granting of sick leave to an employee who is ill is intended to provide an
adequate opportunity for that employee to recover from the illness and its
effects so that s/he may make an early return to duty without a likelihood of a
relapse into illness. Therefore, it would be contrary to the express purpose of
this scheme to engage in any activity, (e.g. travel abroad, gainful employment
or self-employment), which in the opinion of an Occupational Health Physician
(OHC) could be regarded as impeding that employee’s progress to recovery.
Referral of an employee to an OHC is dealt with in section 13 of this scheme.
1.4
The approval of the College must be sought prior to an employee travelling
abroad while on sick leave.
1
1.5
The sick leave provisions for an employee working on a part-time basis will be
adjusted pro‐ rata to his/her agreed attendance pattern and are subject to the
normal provisions governing the granting of sick leave.
1.6
An employee’s entitlement to sick leave shall cease on the expiry of the
contract and that contract not having been renewed.
2.
Ordinary Illness Leave Provisions
2.1
An employee who is absent from duty because of personal illness or injury,
may be granted paid sick leave of:

A maximum of 3 months (65 working days) on full pay in a year

Followed by a maximum of 3 months (65 working days) on half pay

Subject to a maximum of 6 months (130 working days) paid sick leave in a
rolling four year period
2.2
All employees must complete 13 weeks continuous service in order to be
eligible for sick pay.
2.3
Employees on fixed term contracts will receive sick pay benefits on a pro-rata
basis. Two examples for clarity are set out below:
i)
An Executive Officer with a Fixed Term Contract of 4 years would have
65 working days full sick pay benefit followed by 65 working days half
sick pay benefit in the 4 year period.
ii)
A Research Assistant with a Fixed Term Contract of 2 years would
have a benefit of 33 working days full sick pay benefit, followed by 32
working days half sick pay benefit in a 2 year period.
3.
Critical Illness Leave Provisions
3.1
An employee who becomes incapacitated as a result of a critical illness or
serious physical injury may be granted extended paid sick leave, in
exceptional circumstances of:

A maximum of 6 months (130 working days) on full pay in a year

Followed by a maximum of 6 months (130 working days) on half pay
2

Subject to a maximum of 12 months (260 working days) paid sick leave in
a rolling four year period.
3.2
The award of extended sick leave for critical illness or serious physical injury
is a decision for the College following receipt of medical advice from an OHC.
3.3
If an employee has an ordinary illness within a 12 month period of the start
date of the granting of a critical illness, the critical illness provisions will apply.
4.
Temporary Rehabilitation Remuneration (TRR)
4.1
Where the relevant period of paid sick leave has been exhausted, a
pensionable employee with a minimum of 5 years’ pensionable service at the
end of the period of paid sick leave may be granted TRR subject to certain
conditions. TRR will be calculated on:

Pensionable pay, and

Paid pensionable service accrued in the employment at the time paid sick
leave was exhausted, together with the added years which would be
awarded if ill health retirement were granted.
4.2
The amount of TRR paid should not be taken as an accurate reflection of
what the employee may receive at retirement as the circumstances may be
different.
4.3
The period during which TRR is paid is not a period of pensionable service.
4.4
The granting of TRR will be conditional at all times on an OHC confirming that
there is a reasonable prospect of recovery and return to work.
4.5
TRR will not exceed 18 months in the case of ordinary illness.
4.6
In the case of an employee who has been granted extended sick pay under
the critical illness provisions, s/he may have access to 12 months TRR
followed by a further period of TRR not exceeding 24 months. This further
period of TRR is subject to regular reviews by an OHC.
4.7
TRR will not apply in respect of Master Pension Scheme members who are
already covered by the separate Income Protection Plan in place for such
members and where a claim is admitted in full by the Insurer.
3
5.
Entitlement to Unpaid Sick Leave
5.1
An employee who, on having exhausted the maximum period of paid sick
leave (and does not qualify for TRR) is still medically unfit to resume duty and
wishes to retain his/her position in the employment must notify the College of
his/her intention to avail of a period of unpaid sick leave within which s/he may
resume working if certified as fit to do so. This period of unpaid sick leave
shall not normally exceed the TRR limits set out in paragraph 4.
5.2
An employee must exhaust his/her period of paid sick leave before s/he can
apply for unpaid sick leave. The granting of a period of unpaid sick leave is
subject to continued submission on a regular basis of acceptable medical
certification to the College.
5.3
Prior to the expiration of unpaid sick leave, the College will seek the advice of
an OHC on the employee’s prospect of recovery and return to work. Where a
return to duty is not deemed viable, the College shall take such timely action
as it deems appropriate, including but not limited to termination of the contract
of employment.
6. Dual Look Back
6.1
To calculate an employee’s appropriate rate of pay when absent as a result of
illness or injury, there will be a dual look back system as follows:
Ordinary Illness

Step 1: Determine whether the employee has access to paid sick leave.
The employee’s sick leave is reviewed over the 4 year period from the first
date of the current absence. If 6 months (130 working days) paid sick
leave has not been exhausted over that 4 year period access may be
granted to paid sick leave.

Step 2: Determine whether full pay, half pay, or TRR applies.
If Step 1 indicates that the employee has access to paid sick leave, his/her
sick leave record is then reviewed over the 1 year period from first date of
the current absence to determine the rate at which sick leave may be paid.
If the initial 3 months (65 working days) limit at full pay has not been
exhausted, full pay may be awarded until the limit of 3 months (65 working
4
days) is reached. Thereafter, the amount paid will be calculated based on
half pay, off pay or TRR, as appropriate.
Critical Illness

Step 1: Determine whether the employee has access to paid sick leave.
The employee’s sick leave is reviewed over the 4 year period from first
date of the current absence. If 12 months (260 days) paid sick leave has
not been exhausted over that 4 year period access may be granted to paid
sick leave.

Step 2: Determine whether full pay, half pay, or TRR applies.
If Step 1 indicates that the employee has access to paid sick leave, his/her
sick leave record is then reviewed over the 1 year period from the first date
of the current absence to determine the rate at which sick leave may be
paid. If the initial 6 months (130 working days) limit at full pay has not been
exhausted, full pay may be awarded until the limit of 6 months (130
working days) is reached. Thereafter, the amount paid will be calculated
based on half pay, off pay or TRR, as appropriate.
7.
Transitional Arrangements
7.1
Where an employee has commenced a period of sick leave prior to the 1st
September 2014 and sick leave continues on and after that date, he/she will
continue to avail of the sick leave arrangements pre 1st September 2014 for
that absence. Following a resumption of duties, any subsequent sick leave
absence will be dealt with under the terms of the revised sick leave
arrangements outlined herein.
8.
Treatment of previous periods of sick leave under the new
Scheme
8.1
Sick leave records will be reviewed over a rolling 4 year period. This means
that where an employee has a sick absence on or after the 1st September
2014 and has been paid more than 130 days sick leave in a rolling 4 year
period, that employee may find him/herself moving immediately to half pay, off
pay or TRR, as appropriate.
5
9.
Certified Sick Leave
9.1
Where an employee is absent on continuous sick leave of more than 2 days,
a medical certificate must be provided to their Manager/Head.

A medical certificate must be provided if a sick absence extends from
Friday to Monday inclusive.

Should an employee fail to provide a medical certificate to their
Manager/Head in respect of an absence on sick leave in accordance with
the scheme, the Manager/Head should contact the employee to advise
that if s/he fails to submit the required medical certification, the
Manager/Head, following due process, shall record the leave as a period
of unapproved sick leave and payment to the employee will be withdrawn
pending a return to duty or compliance with the scheme and may be dealt
with under the agreed disciplinary procedures.
9.2
To be acceptable, a medical certificate must:

Be signed by a duly qualified medical practitioner registered with the
Irish/UK Medical Council/Dental Council of Ireland. In exceptional
circumstances, medical certificates may be accepted from overseas
medical practitioners, such as where an employee becomes ill abroad or is
receiving a recognised medical treatment unavailable in Ireland.

Normally cover a period of or no more than one week.

State fitness to work or otherwise
10.
Uncertified (Self-Certified) Paid Sick Leave
10.1
The maximum number of days allowable without medical certification may not
exceed seven working days over a rolling two year period. Any period in
excess of this must be certified, even if it is for a single day. Uncertified sick
leave is pro-rata for part-time workers and those staff on a fixed term contract
of less than 2 years.
10.2
The count back is over a rolling two year period i.e. count back 24 months
from the date of current absence.
6
11.
Notification and Recording of Sick Leave
11.1
Any employee who is absent due to illness must notify, their Manager/Head in
person, by telephone, on the first day of absence and may be asked to
substantiate the absence with medical certification which, in any event, will be
required following the second day of absence. The employee should, where
possible, indicate the likely duration of the absence.
12.
Sick Leave Related Overpayments
12.1
Where an overpayment of salary arises, for example, as a result of the late
recording of sick leave absences, such overpayment will be recouped from
the employee’s future salary payment.
13. Referral of an Employee to an Occupational Health Physician
(OHC)
13.1
An employer has a duty under Section 8 of the Safety, Health and Welfare at
Work Act 2005 to “ensure, so far as is reasonably practicable, the safety,
health and welfare at work of his or her employees”. The College must
therefore refer the employee to an OHC for the purpose of an independent
assessment where reasonable concerns exist as to the capacity of the
employee to undertake his/her duties in a manner that is safe for both the
employee and employer. It is a requirement of the sick leave scheme that all
participants and beneficiaries abide by the medical assessment of an OHC.
13.2
The employee is required to co-operate and engage with an OHC which may
include the transmission to the OHC (by the employee’s attending doctor) of a
comprehensive doctor-to-doctor report, if required.
14.
Resumption of Duty
14.1
It is expected that an employee would be medically fit to resume full duties
after a period of sick leave so that a resumption of duty would not induce a
relapse into illness.
14.2
An employee intending to resume duty prior to the date specified on her/his
medical certificate, must provide a medical certificate of fitness from his/her
attending doctor before the date of resumption. In the absence of such
certification the full period as recorded on the medical certificate(s) will be
7
counted as sick leave. Certificates of fitness furnished at a later date will not
be accepted as evidence of fitness for duty.
14.3
Prior to resumption of duties, an employee who is absent on paid sick leave
for 4 or more continuous weeks, or absent for any period of TRR/unpaid sick
leave or a shorter period where the College has reasonable grounds for
concern must submit medical certification of fitness for duties.
15.
Maternity Related Illness Provisions
15.1
The Public Service Management (Sick Leave) Regulations 2014 set out the
provisions which relate to the interaction of pregnancy related illness with sick
leave limits. The Regulations set out how the time on half pay due to
pregnancy related illness is protected.
15.2
If a pregnant employee is medically unfit for work due to a pregnancy-related
illness and has exhausted sick leave at half pay, she will continue to receive
sick leave at half pay for the duration of her pregnancy-related illness, prior to
going on maternity leave. This is regardless of whether she has reached the
maximum limit for half pay due to prior sick leave.
15.3
If an employee is unfit for work following maternity leave, her access to sick
leave at half pay will be extended by the period of absence on sick leave at
half pay due to pregnancy-related illness, which occurred before she went on
maternity leave.
16.
Annual Leave/Public Holiday Entitlement
16.1
Any entitlements in respect of public holidays occurring while on certified sick
leave will be addressed by additional annual leave.
16.2
These additional annual leave entitlements are to be taken within the current
leave year after the sick leave period, to be agreed in advance with the
Manager/Head.
16.3
When absent on sick leave and it is not possible in the leave year to absorb
all annual leave entitlements, it is permitted to carry the balance forward to the
following leave year.
16.4
Employees who resign/retire or whose employment ceases may be entitled to
additional payment in lieu of their accrued leave.
8
17. Status during Leave
17.1
Absences on paid sick leave (full or half pay) are fully reckonable for all
purposes including seniority. Absences on Temporary Rehabilitation
Remuneration (TRR) and unpaid sick leave are not reckonable for
superannuation and increment purposes.
18.
PRSI Arrangements (Social Welfare Payments)
18.1
In the case of Class A, E, H or P PRSI contributors, the MC1 Social Welfare
Certificate must be completed and submitted by the employee to the Dept of
Social Protection after a period of 6 consecutive days (1 week) of sick leave.
18.2
Illness benefits must be submitted in full to the College if the employee is in
receipt of sick pay. At Section 6 (i.e. Payment Method) of the MC1 form staff
should take the following steps to ensure the form is completed correctly and
that the payment comes directly to the College.
1.
Tick the box that directs payment to the Employer (College), not to the
Employee
2.
Enter the following details;
Bank Name:
Bank of Ireland Bank
Address:
College Green, Dublin 2, Ireland
Account Name:
TCD No. 4 Account
Account No.:
10023986
Sort Code:
90-00-17
IBAN:
IE86 BOFI 90001710023986
IBC/Swift Code:
BOFIIE2D
Employees will receive a remittance slip from the Dept of Social Protection
and are required to give this remittance slip to their Head/Manager/Supervisor
as soon as possible.
19.
Retirement on ill health grounds
19.1
An employee deemed medically unfit to work and who is a member of a
Public Service Pension scheme, in the longer term may be entitled to certain
pension benefits under the relevant pension scheme rules.
9
20.
Employees on leave of absence in excess of two full years
20.1
An employee who has been on long term leave of absence of any kind (e.g.
Career Break) in excess of two full years will be required, prior to return, to
undergo a medical assessment and be deemed medically fit by an OHC.
21. Third Party Responsibility
21.1
Where it appears likely that damages may be recoverable from a third party,
sick pay shall be considered as an advance of wages/salary. In the event of
the employee recovering lost earnings from a third party compensation for,
such compensation equivalent to payments made by the College shall,
subject to any appeal being made to the Board, be refunded to the College.
22.
Correspondence Address
22.1
The College will address all necessary correspondence to the employee at
the e-mail/ home address last notified and no fault shall lie with the College in
the event that the employee does not receive such correspondence.
23. Confidentiality
23.1
Any information which an employee provides will not be made available to any
third parties and will be used only in line with the purpose for which it was
provided.
24. Compliance
24.1
All employees must adhere to the regulations and procedures set out in this
scheme. Failure to abide with the regulations and procedures will be dealt
with under the agreed disciplinary procedures and may lead to the cessation
of salary.
25. Further Information
25.1
Any queries in relation to the revised sick leave arrangements should be
directed to Staff Relations, Human Resources.
10

Download Report